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Collecting money from civil lawsuit. I have a civil lawsuit filed against a couple for $7,000.

Oklahoma City, OK |
Filed under: Lawsuits and disputes

I have no doubt that I will win, however, they have already told me that I won't get anything from them because they don't own a home, he doesn't work and they live with relatives. I checked and they do live with his mom and he doesn't have an official job that he claims - from what I have seen, he does home improvement jobs for people but gets paid in cash - which is illegal; but he says he doesn't work. She works but her check is already being garnished from another company. I do see that they own vehicles. How can I claim their vehicle as payment on the same day as court if I win? I feel that if I wait til after that they will transfer the vehicles into a relatives name. I dont want to garnish her check because it will take forever to get my money back, but i can sell the vehicles

Attorney Answers 1

Posted

The short answer is you're out of luck. First, you won't be able to immediately attach anything. Once you have a judgment, there is a waiting period for appeals. Then, you have to file for a levy. This will take weeks. So, you won't get the cars that day. Second, OK has a $7,500 exemption for a motor vehicle per person, so they each get a car worth up to $7,500 that you cannot take. Unless the cars are worth more than that, you can't take them. Since you cannot prove he "works," and his wife is already garnished, you'll have to wait to garnish her check once you obtain a judgment and then send out the garnishment notices.

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Thankyou for the response. What if I sue in small claims court instead? if I win and they dont pay, what is my recourse? I'm trying to get a lawyer but starting the process myself so I just need some advice in th emeantime. Also, I believe they are collecting insurance froma relatives recent death, but they claim they aren't. Does that go throughthe insurnace commisioner first to where I can see if they really are getting insurnace or not and if I win, can I put a claim to retrieve my money from that? Thank you

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